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2019 Supreme(Cal) 865

BISWANATH SOMADDER, MOUSHUMI BHATTACHARYA
Kolkata Municipal Corporation – Appellant
Versus
Goutam Bhattacharya – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Alok Kr. Ghosh, Mr. Gopal Chandra Das, Advocate.
For the Respondent:Mr. Sagar Bandhopadhyay, Advocate,

JUDGMENT :

Moushumi Bhattacharya, J.

1. This appeal arises from a Judgment and order dated 31st March, 2016 passed in a writ petition filed by the respondent. The subject-matter of challenge in the writ petition was an order of punishment dated 17th May, 2010 issued by the Joint Municipal Corporation and Disciplinary Authority as well as an order passed by the Appellate Authority dated 17th November, 2012. By the impugned Judgment and order, both the orders passed by the Disciplinary Authority/Joint Municipal Commissioner as well as the Appellate Authority were set aside.

2. The appellants Kolkata Municipal Corporation and the Municipal Commissioner are hence before us.

3. Before we deal with the basis for challenge of the impugned judgment as stated, which is the case of the Kolkata Municipal Corporation (KMC), the facts in brief leading to the writ petition are required to be briefly stated.

4. The writ petitioner was appointed as Block Sarkar by the KMC in January 1984. A charge of corruption was brought by the KMC against the petitioner concerning an alleged act of cheating while the petitioner was in service in connection with distribution of arrear pay to lorry mazdoors. A First I

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